Facts
The Government Council of the Canton of Zurich, by decision of September 25, 1996, set new numbers of members for the district school boards for the term of office 1997/2001. The total number of members throughout the canton was reduced from 662 to 339, with the number of members for the individual districts ranging between 13 and 78.
Several appellants, including individuals, the Evangelical People's Party of the Canton of Zurich, and other organizations, filed a constitutional appeal against this decision. They alleged a violation of the separation of powers, the principle of legality, political rights, and the prohibition of arbitrariness.
Considerations
The Federal Supreme Court did not enter into the constitutional appeals, as the appellants were not affected in their legally protected interests. The mere status as a voting citizen, member or candidate of an authority, civil servant or party member does not establish standing to file a constitutional appeal.
While the appellants as voting citizens of the Canton of Zurich or as a political party operating in the canton are entitled to file an appeal against the right to vote under Art. 85 lit. a OG. However, the Federal Supreme Court concluded that the contested decision on the redefinition of the number of members of the district school boards does not constitute a regulation that specifically affects political rights and could therefore be the subject of an appeal against the right to vote.
The Federal Supreme Court stated that the contested decision is…